Draper City and Geneva Rock have come to an agreement to settle a long-standing lawsuit concerning Geneva Rock’s mining operations at the Point of the Mountain. This settlement, scheduled for discussion at the Draper City Council meeting on November 12th, marks a significant step in resolving disputes over land use and mining rights in the area.
The lawsuit originated two years prior when Geneva Rock filed a declaration of Vested Mining Use. This declaration aimed to expand their mining operations across their property, potentially overriding Draper City’s established zoning and land use ordinances. Draper City had previously contested Geneva Rock’s application to the Utah Division of Oil, Gas and Mining to modify their mining permit at the Point of the Mountain, signaling escalating tensions between the city and the mining company.
Facing an unfavorable motion for summary judgment and recognizing the challenges of a successful trial outcome, Draper City entered into settlement negotiations with Geneva Rock. Adding further impetus to reach a resolution, state legislators urged both parties to find common ground. Legislators indicated a willingness to intervene with state legislation to resolve the dispute on their own terms if an agreement was not reached, a move that could potentially negate any favorable outcome for Draper City from the courts. The settlement agreement is seen as a way for Draper City to protect land that could otherwise be opened to mining under Geneva Rock’s claim.
A key component of the agreement involves Geneva Rock committing to preserve approximately 66 acres on the north and south faces of Steep Mountain. Furthermore, an additional 23 acres are slated for reclamation, as stipulated in the Notice of Intent permit approved by the Division of Oil, Gas and Mining. The map provided visually outlines the area designated for preservation in blue.
The core elements of the agreement are clearly defined:
- Steep Mountain Preservation: Geneva Rock is contractually bound to leave Steep Mountain untouched, prohibiting any mining activities within the designated preserved area.
- Land Grading and Safety Enhancement: Geneva Rock will grade specific areas to meet permitted standards and improve safety by removing the high wall, a potentially hazardous steep slope created by mining.
- Legislative Stability: The agreement’s terms will remain unchanged, regardless of any future actions taken by the Utah State Legislature concerning the Vested Mining Use statute.
- Litigation Ceasefire: Draper City will discontinue its legal challenges to Geneva Rock’s declaration of Vested Mining Use, acknowledging the negotiated settlement as a resolution.
It is important for the public to note that the November 12th city council meeting agenda item concerning this agreement does not include a public hearing or formal comment period, as it pertains to a legal agreement settling active litigation.
Draper City acknowledges that this settlement may not fully address all concerns voiced by residents. Environmental impacts, particularly air quality, remain a significant concern for many. However, it’s crucial to understand that Draper City does not have direct regulatory authority over Geneva Rock’s mining operations. Instead, the city relies on state agencies to enforce environmental standards. Geneva Rock is mandated to comply with state air quality regulations, with the Utah Department of Environmental Quality (Utah DEQ) responsible for enforcement. Inquiries or concerns about air quality should be directed to the Utah DEQ. For other questions or concerns related to Geneva Rock’s Point of the Mountain facility operations, please contact the Utah Division of Oil, Gas and Mining.
